SRI. SAJEESH.K.P    : MEMBER

    The complainants have filed this complaint  under Sec.35 of the Consumer Protection Act 2019,seeking  direction against the  OPs to take back the whole unit and reimburse Rs.3,18,000/- and also pay Rs.5,00,000/- as compensation to the complainant.

Complaint in brief :-

  The 1^st complainant is a doctor by profession and  2^nd complainant is his wife.  On 25/4/2021,complainants purchased a solar power backup system consists of solar panels, batteries and DSP sinewave, inverter  worth Rs.3,18,000/- from 1^st OP who is  the authorized sales and service dealer of Amstrong batteries which the 2^nd  OP was the manufacturer of  Amstrong batteries.  The batteries  48 in number alone cost Rs.1,44,000/- and have 10 years warranty.  As per the instructions given by 1^st OP for proper maintenance of batteries, the complainants thoroughly followed maintenance of water level and top-ups.  But after 2 months of installation of system the inverter started malfunctioning by beep noises and this issue was addressed by several technician of 1^st OP and all went in vein.  According to complainants, the issue was with regard to the battery and the issue was not resolved by any of the OPs and suffered hardship.  Hence this complaint.

       After filing the complaint, commission sent notice to both OPs. 1^st OP’s notice returned with an endorsement as “not known” and notice to 2^nd OP returned with an endorsement as ”addressee left”. It is presume that the notice duly served . Both OPs not  appeared before the commission and not filed any version.  So the commission  had to held that  both OPs have no version  as such in this case  came to be  proceed against the OPs are set exparte.

     Even though, the OPs have remained ex-parte, it is for the complainants to establish the allegation made by them against the  OPs.  Hence the  complainants were  called upon to produce evidence in the form of affidavit and documents.  Accordingly the   complainants  have chosen to produce their affidavit along with 3 documents  marked as Exts.A1,A2 and Ext.C1.  Ext.A1 is the warranty cum service cover note dtd.19/4/2021 issued by  OPs, Ext.A2 is the  order  approval form issued by Amstrong Solar  power solutions(1^st OP) dtd.25/4/2021 and Ext.C1 is the expert commission report. 2^nd  complainant was examined as PW1. So the OPs remain absent in this case.  At the end the commission heard the case on merit.

           Let us have a clear glance  in to the relevant documents of  complainants.  On the perusal of Exts.A1&A2 and Ext.C1 ,the commission answered the grievance redressed in the complaint accordingly.  As per Ext.A1, the product is under warranty period and Ext.A2 is the order approval form which was issued by1st OP on the  payment  of Rs.3,18,000/- by the complainants in order to purchase the solar power unit.  According toExt.C1, the expert  who is a electronic mechanic, stated  in the report that the most of the batteries are not in a working condition and the panel will work only  if all the  batteries perform uniformly.  Ext.C1 clearly stated that the entire system will function only after the replacement of batteries which are not functioning.  Hence it is apparent to the commission  that there is deficiency in service on the part of OPs ie, the solar panel unit become defective due to the failure of batteries installed in the system which the OPs are liable to replace the batteries  of  free of  cost since the  produce is under warranty , and there by complainant is  entitled to  get compensation and cost.

            In the result complaint is allowed in part.  Both opposite parties are liable to  replace the  batteries of free of cost.  Otherwise both opposite parties are liable to  pay Rs.3,18,000/- which was the purchase price of solar panel system , and also pay Rs.15,000/- as compensation  for mental agony and  Rs.5000/- as cost of litigation within one month from the date of  receipt of copy of this order. In default Rs. 318,00/- carries 8% interest per annum from the date of order till realization.  Failing which, the complainant is at liberty to execute the order as  per the  provisions  of Consumer Protection Act 2019.  After paying the amount the opposite parties are at liberty to take back the entire solar  power unit from the complainant.

Exts:

A1-Warranty cum service cover

A2- Order approval form

C1- Expert commission report

PW1-Ajitha Purushothaman-2^nd Complainant

Sd/                                                    Sd/                                              Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR